Supreme Court .

New Delhi: The Supreme Court has questioned the effectiveness of complete prohibition, observing that alcohol bans often drive the liquor trade underground and increase the availability of unregulated and lethal brews.

Citing Gujarat, where prohibition has been in force since 1960, the court said the state had witnessed at least 10 major hooch tragedies that claimed more than 600 lives. It identified five problems associated with prohibition: loss of revenue, high enforcement costs, corruption in the police and excise administration, illegal distillation and a resultant drug menace.

“History bears eloquent testimony to the fact that a complete alcohol ban often drives the liquor trade underground, increasing the prevalence of unregulated, lethal brews,” Justice J.B. Pardiwala wrote in the verdict.

A bench comprising Justice Pardiwala and Justice K. Vinod Chandran made the observations while quashing Rules 18A and 18B of the Maharashtra Poisons Rules, 1972. The provisions were introduced through a 2011 notification following a major hooch tragedy in Mumbai.

The rules restricted the purchase and possession of methanol and required colourants and bitterants to be added to the chemical before its sale to non-drug manufacturers. The court held that the requirements failed to address the diversion and pilferage of methanol through illegal and unlicensed channels and declared them violative of Articles 14 and 19(1)(g) of the Constitution.

The court, however, acknowledged that preventing deaths caused by methanol-adulterated liquor was a legitimate and important public-health objective. It suggested a coordinated, multi-department strategy for states and Union territories to curb the manufacture, transportation and sale of spurious liquor.

As liquor could be manufactured locally or brought from outside, the court called for strict surveillance at state borders. It said transport departments should assist the police, prohibition and excise authorities in checking the illegal movement of liquor.

Police should identify and act against illicit breweries, particularly those operating in semi-industrial and congested urban areas, the court said. Industries departments should monitor units producing chemical solvents to prevent their illegal sale to manufacturers of spurious liquor.

The bench also called for a comprehensive review of rules governing methanol licences and permits. Approvals should be granted only after the applicant’s antecedents, credentials and genuine requirements were verified, it said.

Licensees and permit-holders should maintain records of methanol consumption and closing stocks, with periodic reconciliation to detect unexplained shortages. Violators should face suspension or cancellation of licences and be barred from receiving fresh permits.

The court also recommended transporting methanol in dedicated tankers, strengthening supervision over its storage and movement, and using tamper-evident seals to prevent pilferage or substitution.

Vehicles used illegally to transport liquor should not be released on bond or surety until permitted by a court, it suggested.

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